Special counsel Jack Smith on Monday filed an appellate brief with the US Court of Appeals for the 11th Circuit accusing Judge Aileen Cannon of mistakenly dismissing former Pres. Donald Trump's classified documents case last month.
Previously, Cannon, the US District Judge for the Southern District of Florida, had dismissed the case accusing Trump of mishandling classified documents after his presidency by ruling Smith's appointment was unconstitutional because it violated the Appointments Clause of the Constitution.
By every interpretation of the law — regardless of what Thomas may have written as part of a totally unrelated case — Smith should prevail in his appeal. Cannon can't value Thomas' opinion over 50 years of precedent. Although Smith didn't request that Cannon be removed from this case, there's a chance the appeals court will look at her numerous questionable rulings and decide to make a change.